High Court of Punjab and HaryanaCRM-M/54831/2023disposed of

Satwinder Singh @ Ladain @ Rimpy v. State Of Punjab And Another

2024-04-01Mr. Justice Jasjit Singh Bedi3 pages

CRM-M-54831-2023 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-54831-2023 Date of Decision : April 01, 2024 Satwinder Singh @ Ladain @ Rimpy ... Petitioner

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. N.K. Mehra, Advocate for the petitioner.

Mr. Mohit Saroha, AAG, Punjab.

Mr. Prabhjot Singh Mann, Advocate for respondent No.2 JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of an FIR No.192 dated 03.08.2021 under Sections 307, 506, 120-B, 34 IPC (Section 201 IPC added later on) and Sections 25, 27 of the Arms Act, 1959 registered at Police Station Lehra, District Sangrur along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the parties.

Vide order dated 02.11.2023 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated15.08.2023 (Annexure P-2).

The Illaqa Magistrate/trial Court was to submit a report in this aforesaid regard giving certain details as enumerated in the said order.

CRM-M-54831-2023 -2Pursuant to the order dated 02.11.2023 passed by this Court, the parties have appeared before the District and Sessions Judge, Sangrur and as per the report dated 18.01.2024 submitted to this Court, both the parties have got recorded their respective statements in Court. A perusal of the aforesaid report would show that the parties have effected a genuine compromise without there being any pressure, coercion or undue influence. In view of the compromise there is a remote possibility of the complainant coming forward to support the prosecution case. The powers under Section 482 Cr.PC can be exercised in such like situation in order to prevent unnecessary vagaries of criminal trial to be faced by the parties, when there are remote chances of conviction of the accused.

The compromise in question is found to be fully in consonance with the direction issued by the Court in "Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543". Further, the learned counsel for the petitioner, while placing reliance upon the judgments passed by the Hon'ble Supreme Court in Jayrajsinh Digvijaysinh Rana Versus State of Gujarat and another, 2012(4) R.C.R. (Criminal) 589 and this Court in Joginder Singh & another Vs. State of Punjab and another, CRM-M-23739-2010 decided on 27.04.2011, Rajinder Singh Vs. State of Punjab & another, CRM-M37395-2016 decided on 16.05.2017, Bhoj Raj Vs. State of Punjab & another, CRM-24945-2019 decided on 27.09.2019 and Vimal Kalra & others Versus State of Punjab & another, CRM-M-20355-2022, decided on 25.07.

2022 submits that partial quashing of the FIR was possible on the basis of a compromise.

In addition, the Hon'ble Supreme Court in Narinder Singh and Others vs State of Punjab and Another, 2014 (2) RCR (Criminal) 482, and State of Madhya Pradesh vs Laxmi Narayan and Others , 2019(2) RCR (Criminal) 255, have categorized those cases where quashing on the basis of compromise was permitted and those in which, it was not permitted. It was further observed that the Court concerned may look into the medical

CRM-M-54831-2023 -3evidence and examine the same to see as to whether the conviction under Section 307 of the IPC was possible or not.

Thus, mere registration of an FIR under Section 307 did not foreclose the right of the petitioner/accused to effect a compromise and get the FIR quashed.

In the present case, there is no injury to anyone with a firearm. Therefore it is extremely unlikely that a conviction could be recorded under Section 307 IPC.

In view of the aforesaid report of the Additional District and Sessions Judge, Faridabad accompanied by statements of both the parties, the FIR No.192 dated 03.08.2021 under Sections 307, 506, 120B, 34 IPC (Section 201 IPC added later on) and Sections 25, 27 of the Arms Act, 1959 registered at Police Station Lehra, District Sangrur along with all consequential proceedings arising therefrom are hereby quashed, qua petitioner-Satwinder Singh @ Ladain @ Rimpy only. The petition stands disposed of.

(JASJIT SINGH BEDI) JUDGE April 01, 2024 satish Whether speaking/reasoned: Yes/No Whether reportable : Yes/No